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cthulu2016

(10,960 posts)
Sat Feb 15, 2014, 06:46 PM Feb 2014

Logically, we are looking at one count of firing into an occupied vehicle, at most

Jurors can do any crazy thing, of course, but it is impossible to convict on attempted murder of the three other guys while failing to convict on something in the actual death.

If the death was found to be in a self defense context then the attempted murder charges would require that Dunn intentionally acted to kill the three people he did not shoot while in the midst of firing at another person to save his life.

Attempted murder is not reckless. It is done with the specific intention of causing death.

Now, one could be sloppy in their self defense and needlessly endanger others, but that would not be attempted murder. Potentially criminal, but not attempted murder.

Assuming they can consider lesser included offenses (which I thought they always could in Florida) then some juror is holding out for acquittal on all major charges, which means that some juror has made a determination of self-defense.

Which is appalling. But probably the case.

Fortunately, he can and will be retried (probably for 2nd degree murder) if the jury is hung on the murder charge.

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Logically, we are looking at one count of firing into an occupied vehicle, at most (Original Post) cthulu2016 Feb 2014 OP
they could find that the shots fired while the vehicle was driving away were not self-defense geek tragedy Feb 2014 #1
first degree murder elleng Feb 2014 #2
Pulling my hair out frazzled Feb 2014 #3
Dunn's testimony is evidence TorchTheWitch Feb 2014 #4
 

geek tragedy

(68,868 posts)
1. they could find that the shots fired while the vehicle was driving away were not self-defense
Sat Feb 15, 2014, 06:48 PM
Feb 2014

and were attempted murder.

But, logic only goes so far, as at least one juror is an IQ that borders on single digits.

elleng

(130,974 posts)
2. first degree murder
Sat Feb 15, 2014, 06:53 PM
Feb 2014

although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, etc.)

frazzled

(18,402 posts)
3. Pulling my hair out
Sat Feb 15, 2014, 07:39 PM
Feb 2014

I just don't buy the self-defense argument in the first place. So don't ever put me on a jury in a trial of this nature.

Here's my issue: the self-defense strategy in this type of case requires that the victim or victims are the ones who, de facto, and in absentia, must "prove" (via the state) that they did not threaten the accused. We are NOT trying victims, but both this case and the Trayvon Martin case do precisely that. There is simply no due process for them here.

In a normal case of self-defense, one has to rely on evidence, not the state of mind of the accused. And there is absolutely no evidence that the accused was threatened. So if I were a juror on this case, self-defense would simply not enter into it.

When you fire a gun into a car (or crowd of people) you are, in my mind, intending to cause death. A gun, outside of target practice, has no other purpose than to kill. If he'd fired in the air as a warning and the bullet went astray, you might have an argument. But aiming a gun at people and firing several shots is, in my mind, an absolute case of intent to murder.

TorchTheWitch

(11,065 posts)
4. Dunn's testimony is evidence
Sat Feb 15, 2014, 07:57 PM
Feb 2014

Someone may be believing his testimony, but in light of all the evidence especially what he did and did NOT do after he left the scene and went back to the hotel I'm scratching my head over how anyone could believe his testimony and when it is so contradictory in other evidence including his own words in letters and during his interrogation.

However, I'm not really inclined to believe at this point that anyone on the jury believes he did anything in self-defense - there is simply too much overwhelming evidence including physical evidence that he did not. It seems that people are of the belief that the self-defense jury questions mean that someone is believing that he was justified in self-defense and believes there was a gun. I don't at least at this point. After watching the video of the judge and attorneys discussing how to answer those self-defense questions they seemed to pertain to the surviving boys and because the instructions on that point were confusing...



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